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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum AL-Ishlah : Jurnal Ilmiah Hukum Journal of Business, Management and Social Studies
Permatasari, Yofi
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Akibat Hukum Putusan Pailit terhadap Perseroan Terbatas dalam Kondisi Likuidasi: Studi Putusan Nomor 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst Permatasari, Yofi; Lie, Gunardi
Al-Ishlah: Jurnal Ilmiah Hukum Vol 28 No 1: Desember 2024 - Mei 2025
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v28i1.986

Abstract

This research aims to analyze the juridical validity of filing a bankruptcy petition against a State-Owned Company in liquidation and the legal consequences of a bankruptcy decision in such a context, based on a study of Decision Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst. Employing a normative legal research method with a case study approach and qualitative-descriptive analysis of primary and secondary legal materials, this study finds that a State-Owned Company in liquidation retains its capacity as a debtor legal subject and can be declared bankrupt if the requirements under Law Number 37 of 2004 are met, particularly concerning the existence of at least two creditors and one payable that is due and simply collectible. The primary legal consequence of a bankruptcy decision in such a situation is the immediate cessation of the liquidation process previously conducted under Law Number 40 of 2007, accompanied by the complete transfer of authority for the management and settlement of the bankruptcy estate from the Liquidator team to the Curator appointed by the Commercial Court. This case study affirms that the bankruptcy mechanism can be legitimately applied to a State-Owned Company in liquidation, implying the supremacy of the Law Number 37 of 2004 regime to realize optimal collective protection for creditors.
english: english Permatasari, Yofi; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 1 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i1.114

Abstract

This research aims to obtain research results on Daya Anagata Nusantara in relation to strategic investment reforms for Indonesia’s economic growth. The author uses normative research with the aim of obtaining analysis results based on legal rules, legal principles by analyzing problems with descriptive research. The existence of Danantara as an Investment Management Agency (BPI) provides a new change in terms of national strategic investment management. The establishment of Danantara is a strategic investment reform that is expected to be able to maximize state assets as a form of directed investment based on strong law. The existence of Danantara can have a significant impact that can potentially increase the layers of hierarchy that can extend the bureaucratic process. By employing normative research grounded in legal rules and principles and applying it to the practical context of Danantara, the research offers a novel bridge between legal theory and real-world strategic investment reform in Indonesia. It likely explores how specific legal frameworks underpin and potentially shape the effectiveness of Danantara.
english: english Permatasari, Yofi; Silalahi, Wilma
Journal of Business, Management, and Social Studies Vol. 5 No. 2 (2025): Journal of Business, Management, and Social Studies
Publisher : APPS Publications

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53748/jbms.v5i2.122

Abstract

This research aims to explore and find out the validity of electronic buying and selling agreements in Indonesian civil law based on the perspective of Law of Obligation. In this research, the study uses a normative research method that relies on the analysis of laws and regulations as primary sources, supported by doctrine or opinions of legal experts as secondary sources. The results obtained are that electronic buying and selling agreements in civil law based on the law of obligation are valid and regulated in Article 1320 of the Civil Code and the Law on Information and Electronic Transactions. The parties also get legal protection if they suffer losses preventively and repressively. The novelty in this research is because of the merging of two things, namely buying and selling that is usually done offline is now done online and scientific research needs to be done.
Legal Protection of Secured Creditors over Auction Proceeds of Collateral in Bankruptcy: An Analysis of Supreme Court Decision No. 48K/Pdt.Sus-Pailit/2024 Permatasari, Yofi; C. Adam, Richard
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.65845

Abstract

In the bankruptcy process, preferred creditors and separate creditors experience a unique conflict, with preferred creditors being prioritized in the payment of debts through the bankruptcy estate, while separate creditors have collateral to secure the repayment of their debts.  This study aims to analyze the legal protection of separate creditors over the proceeds from the auction of collateral in bankruptcy based on Supreme Court Decision Number 48K/Pdt.Sus-pailit/2024, which focuses on the conflict of norms that occurred between the Commercial Court”s decision and the Supreme Court Decision. The research method applied is normative law with an approach to applicable legal provisions as well as law books and journals related to the research being studied. The results obtained from this study regarding legal protection for separate creditors are regulated in the applicable law, specifically in Article 55 of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which explains that separate creditors receive fulfillment of their receivables before other creditors because the collateral they own is as if there were no bankruptcy. Separate creditors can take legal measures such as filing for cassation or review to protect their rights and interests.
Co-Authors C. Adam, Richard Lie, Gunardi Silalahi, Wilma